FMCSA Petitions for Rulemaking (Open Petitions)
FMCSA Petitions for Rulemaking
(49 CFR 389.31)
Any interested person may petition the Administrator to establish, amend, interpret, clarify, or withdraw a rule. Each petition filed must:
- Be submitted in writing by mail to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590-0001 or filing the petition as a comment, electronically at www.regulations.gov, using the general petitions for rulemaking docket FMCSA-2021-0054;
- Set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitioner seeks to have interpreted, clarified or withdrawn, as the case may be;
- Explain the interest of the petitioner in the action requested;
- Contain any information, data, research studies, and arguments available to the petitioner to support the action sought.
Petitions received will be logged on the table below and categorized by "open" and "closed" petitions. This display is required by Section 5204 of the Fixing America's Surface Transportation Act (FAST Act).
Open Petitions for Rulemaking
The following is a list of petitions for rulemakings that are pending a decision from the Federal Motor Carrier Safety Administration or granted and awaiting further action.
There are no open Part 371 Petitions for Rulemaking to report.
Filing Organization: Texas Department of Public Safety
Date Agency Received Petition: 12/16/2024
Petition: Amend 49 CFR 383.23 to prohibit Mexican Licencia de Conductor and Canadian issued commercial driver's licenses (CDLs) from reciprocal recognition when engaged in intrastate commerce outside a driver's jurisdiction of domicile. In addition, the petition requests that Mexican and Canadian drivers can apply and test for a non-domiciled CDL in the United States with proper work authorization and legal standing.
Filing Organization: Hawaii DOT
Date Agency Received Petition: 07/16/2024
Petition: Amend 49 CFR 383.71(b)(9) Table 1 by adopting the appropriate documents from the most recent list DHS adopted for proof of citizenship or legal presence under REAL ID.
Filing Organization: Commercial Vehicle Safety Alliance
Date Agency Received Petition: 12/03/2024
Petition: Petitions to amend the Federal Motor Carrier Safety Regulations pertaining to Matters Incorporated by Reference by updating the reference to CVSA’s “Operational Policy 4: Inspector Training and Certification” in 385.4(b)(2) to reflect the newest edition, which was revised on Sept. 12, 2024.
Filing Organization: Commercial Vehicle Safety Alliance
Date Agency Received Petition: 12/03/2024
Petition: Amend Title 49 CFR 385.4(b)(1) to reflect the updated “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403.”
There are no open Part 387 Petitions for Rulemaking to report.
Filing Organization: AWM Associates, LLC.
Date Agency Received Petition: 09/08/2024
Petition: Petition to amend parts 49 CFR 390.3T and 397.2 regarding the transportation of hazardous materials.
Filing Organization: Fleet and Logistics, United Northeast
Date Agency Received Petition: 05/18/2023
Petition: Amend 49 CFR 390.5 definition of a commercial motor vehicle to remove Class 3 vehicles.
Filing Organization: *National Association of the Deaf (NAD)*
Date Agency Received Petition: 03/14/2019
Petition: Rescind the requirement for interstate drivers of commercial motor vehicles to be able to hear. Request that the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration repeal the regulatory language or, in the alternative, obtain clarification on non-discriminatory terms in 49 CFR 391.11 and 383.133.
Filing Organization: Commercial Vehicle Safety Alliance
Date Agency Received Petition: 11/08/2024
Petition: Amend 49 CFR 392.4, Drugs and other substances, to include language that prohibits a driver who has been cited and issued an out-of-service order under 49 CFR 392.4 from violating that out-of-service order.
Filing Organization: Beqiri Defrim
Date Agency Received Petition: 05/05/2025
Petition: Amend 392.9(a) to prohibit activating operating authority for operations that are less than 10 units.
Filing Organization: Commercial Vehicle Safety Alliance
Date Agency Received Petition: 11/08/2024
Petition: Amend 49 CFR 392.60 to require written or electronic documentation of authorization for passenger(s) in a commercial motor vehicle.
Filing Organization: Volvo Group Trucks Technology
Date Agency Received Petition: 09/17/2024
Petition: Amend Regulatory Guidance for Tractor Protection Valves on 393.43(a).
Filing Organization: Commercial Vehicle Safety Alliance
Date Agency Received Petition: 03/11/2025
Petition: Amend 49 CFR 393.86, Rear Impact Guards and Rear End Protection, by removing 49 CFR 393.86(a)(6), Certification and Labeling Requirements for Rear Impact Protection Guards.
Filing Organization: Commercial Vehicle Safety Alliance
Date Agency Received Petition: 03/26/2025
Petition: Petition to amend 393.87, warning flags on protecting loads, to require that commercial motor vehicles with added items or equipment that extend beyond four (4) feet from the rear of the vehicle must have the extremities of the added device or equipment marked with lamps and/or flags.
Filing Organization: International Institute of Towing and Recovery
Date Agency Received Petition: 03/02/2025
Petition: Requests that FMCSA amend 49 CFR 393.128 to require a minimum of four separate points of securement to the vehicle being transported.
Filing Organization: AWM Associates, LLC
Date Agency Received Petition: 12/08/2024
Petition: Amend 49 CFR 396.9 Inspection of motor vehicles and intermodal equipment in operation, be revised to add verbiage that the driver is required to assist the inspector with the vehicle inspection.
Filing Organization: AWM Associates, LLC
Date Agency Received Petition: 08/08/2024
Petition: Petition to amend 49 CFR 397.2 and 390.3T regarding the transportation of hazardous materials.
FMCSA
Larry Minor
Associate Administrator of Policy Larry.minor@dot.gov
Last updated: Thursday, May 15, 2025